Permanent Resident in Canada-From AUS and expired permit.

[mikaylajdonovan]

So my husband is from Australia, he was on a working holiday visa until March 27, 2019. We applied for permanent resident (PR) in February 2019 and he was on implied status and continued working. Today we got our application sent back because the notice of assessment wasn't from the CRA website, it was the income tax and benefit return slip but still included line 150. Anyways, my question is what happens now? He isn't on implied status anymore I guess, so I assume he has to stop working. But what else? Is he allowed to be in the country? We will reapply but if he isn't on implied status and also doesn't have a valid visa, is he legally allowed to be here?

 

[k.h.p.]

He has to stop working. I wouldn't leave and try to return (no trips to Hawaii) but without a notice to depart, he should stay and you should resubmit.

 

[zardoz]

So my husband is from Australia, he was on a working holiday visa until March 27, 2019. We applied for permanent resident (PR) in February 2019 and he was on implied status and continued working. Today we got our application sent back because the notice of assessment wasn't from the CRA website, it was the income tax and benefit return slip but still included line 150. Anyways, my question is what happens now? He isn't on implied status anymore I guess, so I assume he has to stop working. But what else? Is he allowed to be in the country? We will reapply but if he isn't on implied status and also doesn't have a valid visa, is he legally allowed to be here?

If the application was returned as "incomplete", it's treated as if the application was never submitted and therefore there never was any "implied status". All work after the expiry date of the IEC work permit is therefore illegal.

 

[canuck_in_uk]

So my husband is from Australia, he was on a working holiday visa until March 27, 2019. We applied for permanent resident (PR) in February 2019 and he was on implied status and continued working. Today we got our application sent back because the notice of assessment wasn't from the CRA website, it was the income tax and benefit return slip but still included line 150. Anyways, my question is what happens now? He isn't on implied status anymore I guess, so I assume he has to stop working. But what else? Is he allowed to be in the country? We will reapply but if he isn't on implied status and also doesn't have a valid visa, is he legally allowed to be here?

He must stop working ASAP.

He is now in Canada illegally. He needs to apply for Restoration of Status.

 

[mikaylajdonovan]

Does anyone know if the restoration of status needs to be before we apply for the permanent resident visa again? Do we send of the restoration separately from the PR?

 

[canuck_in_uk]

Does anyone know if the restoration of status needs to be before we apply for the permanent resident visa again? Do we send of the restoration separately from the PR?

You don't need to restore his status prior to re-submitting the PR app.

The problem with answering the second question is that individual experiences have been vastly different. You could submit the inland app with the OWP app requesting Restoration. Some have reported receiving the OWP in the normal time, while others have reported not receiving it until after AIP. Or you could submit the inland app and a separate app for Restoration as a visitor. Once visitor status is restored, you could then submit the OWP app.